First of all, if a parent wants to move away, we consider that to be a substantial change in circumstances, which allows us to file a petition for relocation – that’s what it’s called. Either parent can file that petition. They have to give notice at least 60 days before. They have to have all […]
Divorce Law and Lawyers
How much does a divorce cost in New Jersey?
It varies. Most attorneys engaged utilize an hourly basis, and it really depends on the number of hours that the attorneys spent on your case. There are divorces that have been as low as $5000 to $6000, and there are also divorces that have eclipsed $100,000. How much are we litigating it? How much of […]
Can the mediator wear two hats during the process, such as a mediator and a lawyer or a mediator and a therapist?
You’re not allowed to be anything but the mediator when you’re in mediation. However, it’s not like you can’t leave out your life experience. Because you do have life experience that helps, and whether that life experience came from being a mediator or being a lawyer or doing finances, you can still use that information […]
What are the ethical guidelines of mediation?
You have to be neutral across the board. If you’re advocating for anybody, it’s for the kids. You can’t disclose anything that’s heard within mediation nor can the parties for that matter, I suppose. But they can’t call the mediator to testify. Ethically, you go in there and you try your best to get the […]
What do you do when couples ask you to act as their mediator and they’re not going to hire lawyers?
I would tell them that I would be happy to mediate their case and give them a letter stating what they agreed to, but they’re going to have to have somebody draft it. Somebody should get a lawyer to draft it because I can’t do that. With 30 years of experience in family law, Laura […]
Can a parenting plan be modified after it has been approved? If so, under what circumstances can it be modified?
If the parties want to do it as an agreed order, they can. If otherwise, the parties are going to have to wait. The issue of decision-making, you have to have it for two years before you can change it – unless there are certain circumstances that will change it. Family law is extremely fact-driven. […]
How does a divorcing couple decide which parent the child should live with?
The statute lays out in Section 602.5 and 602.7 of the Illinois Marriage and Dissolution Act what the specific rules are about time. Most of the time, the court will look to see what the behavior has been of the parties in the two years prior to the divorce being filed or, if it’s an […]
Can I call my spouse’s lawyer if mine is out of town?
Paula J. Swensen, a Certified Family Law Specialist in Newport Beach, California, explains why it’s not a good idea to call your spouse’s lawyer for advice.
What if my spouse won’t agree to a divorce?
The simple answer is you can still obtain a divorce. Most divorces can be based on either fault (abandonment, adultery, etc.) or by living separate and apart for a specific length of time and neither requires the cooperation of both spouses. As long as you provide your spouse with sufficient notice of the court hearing […]
How do I choose the right lawyer for my unique divorce situation?
It is important for people thinking about going through a divorce to talk with an experienced and knowledgeable family law attorney in your state of residence to discuss all of your options. Take advantage of the free initial consultation many attorneys offer. See if there is a level of comfort between you and your lawyer. […]
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